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Madras High CourtCRL OP/28673/2025granted

Mohaned Aadil v. The State Represented, By

2025-10-22Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28673 of 2025

1. Mohamed Aadil

2. Agoou Khan ... Petitioners Vs.

The State represented by The Inspector of Police, CSCID P.S.Tirupattur, Tamilnadu.

... Respondent (Cr.No.190 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.190 of 2025 on the file of the respondent. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 22.09.2025 for the alleged offence under Sections 6(4) of Tamil Nadu 1/6

Schedule Commodities (Regulation of Distribution Through Card System) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.190 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while the respondent police were conducting an inspection, they have seized 104 bags of PDS rice, weighing about 5200 kilograms, from a Mandapam. Upon investigation, it was revealed that the petitioners were involved in the illegal storage of rice meant for the Public Distribution Scheme, with the intention of selling it to the general public at a higher price for their personal gain. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the co-accused was enlarged on anticipatory bail by this Court vide order dated 03.10.2025 in Crl.OP.No.27384 of 2025 and the petitioners are in judicial custody from 22.09.2025 He further submitted that the petitioners are ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioners.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the first petitioner is having one previous case and there is no previous case as against the second petitioner. Hence, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the submissions made by both counsel, the co-accused was enlarged on anticipatory bail and the period of incarceration, I am inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-IV, Vellore and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.10.2025 Vv Note :

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1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate-IV, Vellore

2. The Inspector of Police, CSCID P.S.Tirupattur, Tamilnadu.

3. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.28673 of 2025 22.10.2025 6/6